Legal Opinion

State v. Judge of Probates

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 2 opinions

An application fox- a mandamus. This case comes up on an application for a mandamus, directing the judge of probates for the city and parish of New Orleans to emegister and order the execution of a foreign will.

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An application fox- a mandamus. This case comes up on an application for a mandamus, directing the judge of probates for the city and parish of New Orleans to emegister and order the execution of a foreign will. P. L. Sloan petitioned the judge of probates to enregister and make executory the last will and testament of Jane Sloan, deceased, late of Scotland, dxxly proved according to the laws of that country, and in which he is named, one of the testamentary executors, accompanied by the powers of attorney from the other heirs, himself being one. He shows that there is property of the…

1Opinion of the CourtBuixard, J.

In this case a rule was taken on the judge of the oourt of probates for the city and parish of New Orleans, to show cause why a mandamus should not issue commanding him to grant letters testamentary in the usual form to P. L. Sloan, one of the executors named in the last will and testament, of Jane Sloan, late of Scotland, deceased, and not as dative executor. It appears that the will was made in Scotland, and had been there regulaily admitted to probate and its execution ordered.

The answer of the judge to the rule covers a much broader ground than the rule itself; and all that part of it…

2Cases cited2 opinions

  1. State v. BermudezSupreme Court of Louisiana · 1840
  2. State v. BermudezSupreme Court of Louisiana · 1839

3Cited by2 opinions

  1. Succession of WedderburnSupreme Court of Louisiana · 1842
  2. Dixon v. D'ArmondSupreme Court of Louisiana · 1871

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